STATE v. NATIONAL SERVICES INDUSTRIES

Docket No. 02-9227.

352 F.3d 682 (2003)

State of NEW YORK, Plaintiff-Appellee, v. NATIONAL SERVICES INDUSTRIES, INC., Defendant-Counter-Claimant-Counter-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 17, 2003.


Attorney(s) appearing for the Case

Pedro Medina, Assistant Attorney General (Eliot Spitzer, Attorney General of the State of New York, Deon Nossel, Assistant Solicitor General, Gordon J. Johnson, Assistant Attorney General, on the brief), New York, N.Y. for Plaintiff-Appellee.

Patricia T. Barmeyer, King & Spalding, LLP (Griffin B. Bell, Beverlee E. Silva, Lewis B. Jones, on the brief), Atlanta, GA for Defendant-Appellant.

William F. Krebs, Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., (Steven John Fellman, David K. Monroe, on the brief), Washington, D.C. for Amicus Curiae Textile Rental Services Association of America, Inc.

Jeffrey N. Martin, Hunton & Williams, Washington, D.C., (Eric J. Murdock, Henry V. Nickel, Douglas S. Burdin, Hunton & Williams, David S. Biderman, Jan S. Amundson, Washington, D.C., Steven Helm, Jo Lynn White, Scottsdale, AZ, on the brief), for Amici Curiae Allied Waste Industries, Inc., National Solid Wastes Management Association, and National Association of Manufacturers.

Before: WALKER, Chief Judge, LEVAL, and KATZMANN, Circuit Judges.


Judge LEVAL concurs in the majority opinion and in a separate concurring opinion.

JOHN M. WALKER, Jr., Chief Judge.

New York State sued National Service Industries, Inc. ("NSI") under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601 et seq., to recover the costs of closure and remediation of the Blydenburg Landfill in Islip, New York. In granting summary judgment for New York,...

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